1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Table 13, 5.0 square meters among the attached Table 124.3 square meters in Cheongju-si, Jeonju-si.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (Counter-Defendant; hereinafter “Plaintiff”) is the owner of the area of 124.3 square meters (hereinafter “C land”) in a substantial area of Cheongju-si, Chungcheongnam-si, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the owner of the area of D, a substantial area of 157.3 square meters (hereinafter “D land”).

B. The Defendant occupies the portion of 5.1 square meters on the ship (C) that connects each point of the attached Table 13, 5, 6, 7, and 13 among the land in C as the site of the Defendant’s building (maurher) owned on the ground of D.

C. Of the attached land D, there are underground facilities owned by the Plaintiff on the (C) section 1.4m2 of the attached Table 2, which connects each point of the attached Table 15, 3, 16, 17, 18, and 15 with each point of the attached Table 15, and the said appraisal is located on the (E) section of the building owned by the Plaintiff, which connects each point of the (C) section 29, 7, 30, 31, and 29m2.

[Ground of recognition] Unsatisfy facts, entry of Gap 1, 2, and 10 evidence, and result of on-site inspection on January 10, 2017 by this court, the result of the commission of each measurement and appraisal to the Director of the Cheongju and Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver to the Plaintiff the part (C) in the ship (hereinafter referred to as 5.1m2) that connects each point of the attached Table 13, 5, 6, 7, and 13 among the land C, to the Plaintiff who exercises the right to claim delivery based on ownership.

B. In light of the fact that it is difficult to see that the Plaintiff has already newly constructed and used a new warehouse, and that it is difficult to establish a wall in the land of the above bedrooms, etc., the Plaintiff’s claim for the principal claim seeking delivery of the above sunken land does not have any benefit to the Plaintiff, and is operated by the Defendant, in order to establish a warehouse on the ground of the above sunken land.